Kenyan case law
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Gladys Ngere v Migori County Assambly [2017] KEELRC 1405 (KLR)
✦ Indefinite suspension of the Claimant is unfair and unlawful
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Evaline Mumbua Mutuku v Reliable Freight Services Limited [2017] KEELRC 1035 (KLR)
✦ Termination was unfair and based on pregnancy-related discrimination. The Respondent is ordered to pay the Claimant compensation for unfair termination and discrimination, annual leave pay, maternity leave pay, and notice pay.
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Etyang Godfrey Odumegu v Robinson Investment Limited [2017] KEELRC 875 (KLR)
✦ The dismissal was procedurally fair as the Claimant was given an opportunity to make representations before a disciplinary committee. The dismissal was substantively fair as the reasons given were valid and fair.
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Grace Kerubo Otwori v Jianghxi Zhonmei Eng. Co. Ltd [2017] KEELRC 104 (KLR)
✦ The court found the termination to be wrongful, unfair, and unlawful.
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Hassan Muhumed Mohamud v Speaker Wajir County Assembly & 2 others [2017] KEELRC 1282 (KLR)
✦ Termination was substantively and procedurally unfair; award six months' salary in compensation, one month's salary in lieu of notice, and gratuity for the full term of the contract.
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Evelyne Musimbi Enonda v Jerida Anyonga [2017] KEELRC 1740 (KLR)
✦ The application to set aside the order to close the respondent's case is dismissed, and the court will proceed to grant a judgment date.
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Shem Otieno & 2 others v Motor Boutique Ltd [2017] KEELRC 1414 (KLR)
✦ The Court found that the Respondent did not comply with the Employment Act's requirements for termination of employment, specifically the need for a formal hearing before summarily dismissing the employees.
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Flora Amboko Atisa v Mason Services Limited [2017] KEELRC 42 (KLR)
✦ The court found in favor of the Claimant, awarding various monetary damages and benefits.
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Joakim Nyaanga Ragogi v Transmara Sugar Company Ltd [2017] KEELRC 81 (KLR)
✦ The termination of the employment was wrongful, unfair and unlawful.
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Geoffrey Mutabari Mugambi v Mastermind Tobacco (K) Limited [2017] KEELRC 1437 (KLR)
✦ The court finds the termination unfair and unlawful, and awards the claimant 12 months' salaries for the unfair termination.
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Jeremia Mutia Kiao v Raints Kenya Ltd & another [2017] KEELRC 587 (KLR)
✦ The Court finds the clause not exclusive Arbitration Agreement, and orders the stay and referral to Arbitration.
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Festus Mwashuma Lombo & another v Revital Health Care (EPZ) Ltd [2017] KEELRC 1883 (KLR)
✦ The termination of the claimants services was unfair due to lack of justifiable reason and improper procedure.
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Hayanga & Co Advocates v Major Wilfred Kyalo Kangulyu [2017] KEELRC 1815 (KLR)
✦ The application is merited, the ruling on taxation is set aside, and the bill of costs is remitted for rehearing
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Jeremiah Alugaya Masiemo v Times Trek Services Limited [2017] KEELRC 1145 (KLR)
✦ Dismissal was unlawful and unfair, and the Claimant is entitled to compensation and other remedies.
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H.F Fire International Incorporated & another v Sayed Hossam Mohamed Elshebrawi Mohamed Khalifa & another [2017] KEELRC 1084 (KLR)
✦ The court finds that the 1st Respondent has breached the restraint of trade clause and restrains them from setting up a competing business and soliciting business from the Claimants' customers.
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Jacob Tiampati Sairowua v County Government of Narok [2017] KEELRC 1196 (KLR)
✦ The court dismisses the applicant's application to reinstate the dismissed interlocutory application and orders the main cause to be processed for trial on an expeditious basis.
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Fridah Mijide Musidikho v Eastern Produce (K) Ltd (Kapsumbeiwa Estate) [2017] KEELRC 1369 (KLR)
✦ The Court finds that the termination was unfair and awards the Claimant one month's salary in lieu of notice, two months' salary as compensation, and dismisses the other claims.
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Francis Bundi Kimathi v National Security Intelligence Service [2017] KEELRC 1715 (KLR)
✦ The Court dismissed the Claimant's application for review and not for appeal.
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Francis Agunga Kima v Kenya Ports Authority [2017] KEELRC 1079 (KLR)
✦ The termination was found to be unfair and unlawful.
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Franklin Kaburu Knoti & 3 others v Registrar of Trade Unions & 2 others [2017] KEELRC 362 (KLR)
✦ The elections were found to be null and void due to irregularities including non-payment of membership fees and improper election procedures.
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John Okuku Olele v Tea Warehouses Limited [2017] KEELRC 1755 (KLR)
✦ Termination was unfair for want of valid reasons and fair procedure.
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John Kipruto Kemboi v Eastern Kenya Produce (Kapsumbeywo) [2017] KEELRC 1869 (KLR)
✦ The termination of the claimant's employment was unlawful, unfair, and unprocedural.
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John Wachira Githongo v Soyama Hardware Limited [2017] KEELRC 1127 (KLR)
✦ The court held that the relationship was a contract for service and not a contract of employment.
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Janet Nduku Ngwili v Impala Glass Industries [2017] KEELRC 1945 (KLR)
✦ The claim for unlawful dismissal is dismissed with costs, and the claimant is entitled to payment in lieu of leave days not taken, a certificate of service, half the costs, and interest.
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Silas Masika Ouma v Tezo Quaries Limited [2017] KEELRC 619 (KLR)
✦ Claimant is awarded Kshs. 36,000.00 for wrongful dismissal and is entitled to Kshs. 12,000.00 in lieu of notice.